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Item 4GCITY OF SOUTHLAK MEMORANDUM Item February 19, 2013 To: Shana Yelverton, City Manager From: Alicia Richardson, City Secretary Subject: Resolution No. 13-020, Appoint members to the Zoning Board of Adjustment to fulfill vacancies Action Requested: Appoint members to Zoning Board of Adjustment to fill unexpired terms. Background Information: A Home Rule Charter of the City of Southlake was approved by the voters in a duly called Charter election on April 4, 1987. In the Home Rule Charter, Chapter XI concerns Planning and Zoning, and Section 11.02 allows for a Board of Adjustment, which shall have all of the powers and authority as set forth in state law and such additional powers and privileges as may be duly assigned to it by the ordinances of the City. Pursuant to Section 44.1, of Ordinance No. 480, as amended, the Board of Adjustment was established to consist of five (5) members and four (4) alternates to be appointed by the City Council. The term of office for said members shall be for two years. Three (3) members and two (2) alternates shall be appointed to serve terms beginning in odd numbered years and two (2) members and two (2) alternates shall be appointed to serve terms beginning in even numbered years. Section 44.2, of Ordinance No 480, as amended, provides for the proceedings of the board. "All cases to be heard by the Board of Adjustment shall always be heard by a minimum of four (4) members." Likewise, Section 44.7, states that "the concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which the Board is required to pass under this ordinance, as amended), or to approve any variance." Most recently, the City has received two resignations from alternate board members. 1. Ms. Nicole Smith, term expiring June 30, 2014; and 2. Ms. Lisa Amend, term expiring June 30, 2013. These resignations, coupled with the existing alternate vacancies, place the Board at risk of not having a quorum to conduct business. To assist Council with appointments, a listing of applications currently on file with the City Secretary's Office is being provided. The following citizens currently serve on the Zoning Board of Adjustment Name Term Expires Originally appointed to Board Paul Venesky, Place 1 June 30, 2014 November 15, 2011 (served as Alternate No. 4, until June 2012) Shawn McCaskill, Place 2 June 30, 2013 August 17, 2010 (served as Alternate No. 3, until June 2011) Dustin Andrews, Place 3 June 20, 2013 August 3, 2010 (served as Alternate Nos. 4 and 2, until April 2012) Daniel Kubiak, Place 4 June 20, 2014 August 6, 2011 (served as Alternate No. 3, until June 2012) Phyllis Lambert, Place 5 June 30, 2013 August 3, 2010 (served as alternate No. 2, until June 2011) Vacant, Alternate No. 1 June 30, 2013 Vacant, Alternate No. 2 June 30, 2014 Vacant, Alternate No. 3 June 30, 2013 Vacant, Alternate No. 4 June 30, 2014 Financial Considerations: Strategic Link: This item was originally brought forward to Council on February 19, 2013. At this meeting, Council directed staff to promote vacancies and contact existing applicants to determine interest in the current vacancies on the Zoning Board of Adjustment and Planning and Zoning Commission. Council further directed staff to schedule a date to interview applicants. The City Secretary's Office reached out to the existing applicants who submitted an application in 2012 that indicated an interest in the Zoning Board of Adjustment and Planning and Zoning Commission. The enclosed listing indicates the applicants who were interested in the vacancies. City staff publicized the vacancies on the City's website and on MySouthlakenews.com. The City received four new applications. The enclosed listing identifies the new applicants. Not applicable C5: Promote involvement Citizen Input/ Board Review: Not applicable opportunities for partnerships and volunteer Legal Review: Not applicable Supporting Documents: Resolution No. 13-020 Applicant Listing RESOLUTION NO. 13-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO FILL UNEXPIRED POSITIONS ON THE ZONING BOARD OF ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustment as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with four (4) alternate members to serve for two-year terms; and, WHEREAS, there are four (4) vacancies for the following: • Alternate 1, term expiring June 2013, due to resignation of Lisa Amend; • Alternate 2, term expiring June 2014, due to resignation of Nicole Smith; • Alternate 3, term expiring June 2013, due to resignation of Dennis Simoson; and • Alternate 4, term expiring June 2014, due to Paul Venesky being appointed to Place 1 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following persons to serve on the Zoning Board of Adjustment: Alternate 1, term expiring June 2013 Alternate 2, term expiring June 2014 Alternate 3, term expiring June 2013 Alternate 4, term expiring June 2014 Section 4. This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 191" DAY OF MARCH, 2013. CITY OF SOUTHLAKE, TEXAS BY: John Terrell, Mayor ATTEST: Alicia Richardson, City Secretary Applicant Listing Name Interest Interest to be Interviewed by considered Council in (existing 2012? applicants from 2012) Gerardo E. (1) Southlake Business Left Message on Yes — Oct. 9, Castagnet Council 2/26/2013 2012 (2) Planning and Zoning No response Commission (3) Southlake Parks Development Corporation (4) Senior Advisory Commission (5) Parks and Recreation Board (6) Southlake Arts Council (7) SPIN (8) Zoning Board of Adjustment (9) Crime Control and Prevention District Board (10) Building Board of Appeals Tammy Dorney (1) Southlake Parks *New Applicant* No, application Development Corporation received on (2) Parks and Recreation March 8, 2013 Board (3) Planning and Zoning Commission (4) Zoning Board of Adjustment (5) Building Board of Appeals (6) Southlake Arts Council (7) SPIN (8) Building Board of Appeals (9) Crime Control and Prevention District Board (10) Senior Advisory Commission (11)Southlake Business Council Scott A. Dyche (1) Planning and Zoning *New Applicant* No Commission (2) Zoning Board of Adjustment Ronald Evans (1) SPIN On February 17, No Resigned SPIN (2) Planning and Zoning 2013, Mr. Evans position — Commission sent e-mail to moved out (3) Zoning Board of Council expressing SPIN #10. Adjustment desire to serve on 'GUFF N (4) Southlake Business P&Z or ZBA. mom Council (5) Parks and Recreation Board (6)Southlake Parks Development Corp. (7) Crime Control and Prevention District Board (8) Building Board of Appeals (9) Library Board (10) Southlake Arts Council (11) Senior Advisory Commission John Huffman (1) Planning and Zoning *New Applicant* No, application Commission received on (2) Southlake Business March 3, 2013. Council (3) Southlake Parks Development Corporation (4) SPIN (5) Southlake Arts Council (6) Parks and Recreation Board (7) Library Board (8) Crime Control and Prevention District Board (9) Building Board of Appeals (10)Senior Advisory Commission (11) Zoning Board of Adjustment Merlene (1) Southlake Arts Council Yes No Ingrham (2) Planning and Zoning (current Southlake Commission Arts Council (3) Library Board member) (4) Parks and Recreation Board J.C. Johnson (1) Planning and Zoning No Yes —October 9, (current Southlake Commission 2012 Business Council (2) Southlake Business Council member) Daniel Kubiak (1) Planning and Zoning Yes No, application (current Zoning Commission received on Board of March 1, 2013. Adjustment member) Paul Lepicier (1) Planning and Zoning *New Applicant* No, application Commission received on (2) Zoning Board of Adjustment March 1, 2013. Wayne Luzius (1) Building Board of Appeals No — will be moving No (current Building (2) Planning and Commission to Dallas eventually Board of Appeals (3) Zoning Board of Adjustment member) (4) Southlake Business Council (5) Crime Control and Prevention District Board (6) Parks and Recreation Board (7) Southlake Parks Development Corporation (8) SPIN (9) Southlake Arts Council (10) Senior Advisory Commission (11) Library Board Kourosh (1) Planning and Zoning Yes No Panathy Commission (2) Southlake Business Council (3) Building Board of Appeals (4) Crime Control and Prevention District Board Shawn (1) Planning and Zoning On March 1, 2013 — No, application McCaskill Commission sent e-mail to CSO received on (Zoning Board of (2) Zoning Board of Adjustment advising interest in March 1, 2013. Adjustment P&Z vacancy member) Matt Schirle (1) Planning and Zoning No Yes — October 9, (current SPIN and Commission 2012 Southlake (2) Southlake Business Council Business Council (3) Southlake Parks Development member) Corporation (4) SPIN Paul Venesky (1) Zoning Board of Adjustment No - would like to No (current ZBA (2) Building Board of Appeals focus on serving on member) (3) Planning and Zoning ZBA Commission (4) Southlake Parks Development Corporation (5) Parks and Recreation Board (6) Southlake Business Council (7) SPIN (8) Crime Control and Prevention District (9) Library Board (10) Southlake Arts Council (11) Senior Advisory Commission